Lecture Notes: Lecture 1
Judges make decisions in an arguably objective sense. We
expect them to behave this way. The process should be
apolitical. The decision should be based on the facts- the
merits of the case.
Equality of justice: This is the ideal
An injunction: a court order ordering a party to do or refrain from a specific act.
o Yukica charged procedural irregularities as evidence.
(1) procedure: method or manner in which an entity acted (process)
(2) substantive: (evidence)
Lecture Notes #4
Cardozo: appreciate how he differs from Blackstone. Blackstone- judges use a particular
deductive reasoning process that allows them to arrive at the absolutely right conclusion.
Properly trained judges can get the right answer. (Its bla
Hamilton: Fed No. 78- A law enacted by a legislative body is in conflict with something
in the Constitution. Hamilton says the Constitution should prevail. (An agent is only
authorized by what the principle authorizes the agent to do.)
Lecture #6 Notes
Dahl Article: Judges can make decisions independent of elected officials desires who
represent the will of the people.
o And judges, for the most part, are not elected. They are NOT accountable to the
citizenry. Most have a lengthy if no
Law Lecture Notes #16
Washingtons request for an advisory opinion (actually sent by Jefferson).
o Jefferson sends a letter to the S.C. asking about legal issues. What legal
requirements apply to the U.S. under treaties signed by the U.S.?
Lecture Notes #19
Wyatt v. Stickney: Creative, innovative, assertive exercise of judicial power.
Judge Johnson gave the hospital 6 months to deal with the constitutional
inadequacies he found. Their proposal was inadequate. So he asked federal
Law Lecture Notes #18
Texas v. Hopwood : the Law School discontinued its policies by the time the case
came to trial. It was moot (the S.C. decided).
o The Court evades dealing with the merits of the case by deeming the case
moot. Injunction: court order
Law Lecture Notes #17
1) RP v. RP: Lots of lawyers and the cases are bound to be a marathon.
2) OS v. RP: OS is at some disadvantage. The RP clearly has a long term
interest in ensuring the long term rules are favorable to it. The OS has a pressing
Law Lecture Notes #15
Ch.6 Access to Judicial Power: It emphasizes how procedure affects the system.
Courts lack a self-starter; others must trigger the Courts ability to exercise its
power. (This is in the procedure of the law).
o Living wage legislatio